Twyxt Terms of Service
Welcome to the intimate shared space Twyxt – the Life of Two Twyxt is the brand fully owned by Life of Two, Inc. These terms of service (the “Terms”) govern your access to and use of Twyxt (“we” or “our”) and services (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Twyxt and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
We know that your data and your privacy is your most concern. So it is ours! We will try everything we can to maintain high security and safety standards to make sure your intimate data remains yours and your partners only. All information is encrypted and can only be seen on your and your partners devices or via your accounts unless you decide to share to a third party (such as Facebook). We cannot get access to your data, or read your messages or photos. We do not perform data mining nor do we scan any of your communication. We are solely creating a service we would trust anytime ourselves.
But as always we cannot be made reliable to anything happening to your data and to what you are willing to share to your partner and/or to a third party (such as Facebook). You are the owner of the data and therefore you are reliable. If you have any concern please let us know. You can contact us at listen[at]twyxt.us
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
Your Data & Your Privacy
By using our Services you provide us with private information, pictures, maybe files that you submit to Twyxt (together, “your data”). You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services, as explained below. We may need your permission to do things you ask us to do with your data, for example, hosting your files, or sharing them with your partner. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space. We know your data is sensitive and a safety is a big concern for us and we try to ensure that your data remains your data. You are solely responsible for your conduct, the content of data, pictures and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. You acknowledge that Twyxt has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
User Status Submissions
The Service permits the submission of status text and other communications submitted by you and your partner (“User Status Submissions”) and the hosting, sharing, and/or publishing of such User Status Submissions. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether or not such User Status Submissions are published, Twyxt does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Status Submissions and the consequences of posting or publishing them. Because Twyxt is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Twyxt, and Twyxt makes no guarantees as to the validity, accuracy or legal status of any status. In connection with User Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Twyxt to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status Submissions to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions, but you have to have the rights in the first place. However, by submitting the User Status Submissions to Twyxt, you hereby grant Twyxt a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the Twyxt Service and Twyxt’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Twyxt Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant the subscriber to your status on the Service a non-exclusive license to access your User Status Submissions through the Service, Email, and mobile phone and to display parts of User Status Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the Service.
Adult content must be identified as such. Twyxt does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and Twyxt expressly disclaims any and all liability in connection with User Status Submissions. Twyxt does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Twyxt will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another’s intellectual property rights. Twyxt reserves the right to remove Content and User Status Submissions without prior notice. Twyxt may also terminate a user’s access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Twyxt employees, agents, subagents and all of our team.
You understand that when using the Twyxt Service you will be exposed to User Status Submissions from a variety of sources, and that Twyxt is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions, and that such User Status Submissions are not the responsibility of Twyxt. You further understand and acknowledge that you may be exposed to User Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Twyxt with respect thereto, and agree to indemnify and hold Twyxt, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Twyxt permits you to link to materials on the Service for personal purposes only.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Twyxt, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Twyxt, are responsible for maintaining and protecting all of your data. Twyxt will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
Life of Two Inc. (“Twyxt”) recognizes that its customers, visitors, users, want to know what’s up with privacy. Twyxt provides this Privacy Notice to help you make an informed decision about whether to use or continue using any of the Twyxt Sites, Twyxt Software and Twyxt Services.
This Privacy Notice is incorporated into and is subject to the Twyxt Terms of Service. Your use of the Twyxt Sites, Twyxt Software and Twyxt Services and any personal information you provide on the Twyxt Sites, Twyxt Services or via Twyxt Software remains subject to the terms of this Privacy Notice and our Terms of Service.
Please note that any status information or other content posted at the direction or discretion of Users onto the Twyxt Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information collected by Twyxt
User Provided Information: You provide certain personally identifiable information (such as your email, and status information) to Twyxt when choosing to participate in various uses of the Twyxt Services such as updating your status or requesting status for your partner.
Cookies Information: When you visit the Twyxt Sites or use Twyxt Services, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Twyxt uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Twyxt Site and Twyxt Services may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Twyxt Sites or Services, our servers automatically record certain information that your web browser sends whenever you visit any website. When you use the Twyxt Software, our servers automatically record certain information that our Twyxt Software sends whenever you update or request any status information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information.
How we use your Information
If you submit personally identifiable information to us through the Twyxt Sites, Software or Services, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Twyxt Sites, Software and Services.
We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Twyxt Sites, Twyxt Software and Twyxt Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends. Hopefully we improve the site and service and don’t make it suck worse.
Our Commitment To Data Security
Twyxt uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Twyxt and you do so at your own risk. Once we receive your transmission of information, Twyxt makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Twyxt learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Twyxt may post a notice on the Twyxt Sites if a security breach occurs.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Twyxt of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data to Twyxt, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Software and Updates
Some use of our Service requires you to download a client software package (“Software”). Twyxt hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.
Twyxt Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Twyxt trademarks, logos, domain names, or other brand features.
The Services may contain links to third-party websites or resources. Twyxt does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Twyxt is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Twyxt will have no responsibility for any harm to your mobile phone or your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
We want to make relationships better! But if for any reason you would like to delete your account and or your data please let us know by email (email@example.com). It might take a few working days. Please keep in mind that we wont be able to restore your data once we deleted it. We are working for future versions to establish you keeping the data of a former partner as part of your past relationship life.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TWYXT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TWYXT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO TWYXT FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Twyxt with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Twyxt’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Twyxt may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Twyxt and you are not legal partners or agents; instead, our relationship is that of independent contractors.
In the Event of Merger, Sale, or Bankruptcy
In the event that Twyxt is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Special Note to International Users
The Twyxt Sites and Services are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the Twyxt Sites and Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Twyxt Sites and Services, which are governed by U.S. law, this Privacy Notice, and our Terms of Service, you are transferring your personal information to the United States and you consent to that transfer.