Terms of Use
BY ACCESSING TWALKIN PRODUCTS ON A WEBSITE OR MOBILE DEVICE, AND/OR ACCESSING ANY PART OF THE TWALKIN SERVICE, THE USER IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND CONSENTS TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. SHOULD THE USER NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/SHE/IT SHOULD CLOSE THE BROWSER WINDOW; TERMINATE THE REGISTRATION PROCESS, AND AGREE TO STOP ALL USE OF THE SERVICE AND SURRENDER ANY AND ALL AUTHORITY TO USE THE SERVICE.
THE USER AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING AND THAT SHOULD THERE BE A CONTRADICTION BETWEEN PRODUCT- SPECIFIC TERMS AND CONDITIONS, AND GENERAL TERMS AND CONDITIONS, THE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY DEFINITIONS AND INTERPRETATION
The TWALKIN website means the TWALKIN website located at twalk.in including any page, part or element thereof, is owned and operated by TWALKIN.
TWALKIN means a voice teleconferencing application (the Service) provided by TWALKIN INC, including its subsidiaries, owners, shareholders and business units.
User/User means any person or entity who uses any TWALKIN Service, notwithstanding the fact that such person only participates in teleconferencing services offered or initiated by TWALKIN.
1. THE SERVICE
The Service consists of various TWALKIN software solutions and hosting facilities. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications, including roaming and access charges) incurred while using the Service.
TWALKIN makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. TWALKIN reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time with fourteen (14) days notice.
Services shall be deemed to have been delivered when TWALKIN has established multi-user bridge teleconferencing that TWALKIN’s software is programmed to do, including mobile telephone networks or any other intermediary server or API that is deemed to be the point of dispatch of the teleconference. TWALKIN does not guarantee its Service on behalf of mobile telephone networks.
TWALKIN makes no claims as to its mobile telephone network coverage. Although TWALKIN focuses on providing extensive coverage aggregation services, mobile telephone networks may choose from time to time to not be part of TWALKIN or its service providers’ networks. This may result in Services not being accessible.
2. USE OF PROPRIETARY SOFTWARE
Subject to the terms and conditions of this Agreement and United States law, TWALKIN grants the User an individual, personal, non-sublicensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Agreement. The User will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to TWALKIN products and/or services. The User acknowledges that TWALKIN retains ownership of its respective proprietary applications, software, intellectual property "IP" (Intellectual Property), user data and any portions or copies thereof, and all rights therein. Upon termination of this Agreement for any reason, this License will terminate and the User shall destroy and cease use of all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT AND SUBJECT TO TESTING BY THE USER PRIOR TO ENTERING INTO THIS AGREEMENT.
3. PRIVACY
It is TWALKIN’s policy to respect the privacy of the User. TWALKIN will not monitor or edit any personal information about the User or the User’s TWALKIN account, including its contents, unless TWALKIN has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of TWALKIN; (3) enforce this Agreement or protect TWALKIN’s business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by TWALKIN; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the User, or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others. TWALKIN’s service transmits the User name and/or mobile telephone number with each message that the User sends or receives.
The User agrees that TWALKIN may access its account, including its contents, as stated above or to respond to service, business or technical issues.
4. MOBILE ORIGINATED AND TERMINATED SERVICES
TWALKIN offers Mobile Originated (“MO”) and Mobile Terminated (“MT”) services, via any of a number of social networking websites and web media. This is subject to change and can be confirmed with TWALKIN from time to time.
TWALKIN will establish teleconferencing bridge lines on behalf of a User, and invite other Users on behalf of an Initiating User, in the methods determined solely by TWALKIN. The User will be responsible for content of the service, as well as the cost of any and all bearer charges to provide the content to the end-client.
The User shall not use, or knowingly allow others to use the lines for any purpose, which in TWALKIN’s opinion is improper, immoral or unlawful.
The User will not act, or omit to act, in any way likely to injure or damage any person, property or the TWALKIN gateway or cause the quality of the lines or TWALKIN’s service in general to be impaired or interrupted in any manner whatsoever.
TWALKIN shall be entitled, at any time, and without liability to the User or any third party, to modify, expand, improve, maintain or repair the TWALKIN service or the number ranges, notwithstanding that this may require suspending the operation of the TWALKIN service. TWALKIN shall use its reasonable efforts to provide the User with advance notice of any such suspension and to minimize the duration thereof in so far as this is reasonably practical.
The User warrants that its use of the Services will not contravene any laws or regulations of the United States and in particular any laws relating to privacy, spamming, gaming and gambling and the User indemnifies, holds harmless and shall defend TWALKIN against any claim, action or damage suffered or incurred by TWALKIN as a result of a breach by the User of this warranty.
PLEASE NOTE: In order to ensure that TWALKIN complies with industry codes of conduct, Users are obliged to route all MO and MT calls related or associated directly or indirectly with any TWALKIN hosted short messaging services (SMS) via TWALKIN’s messaging gateway. This will enable TWALKIN to ensure that all SMS services offer the required confirmation messages as stipulated by the various codes of practice and that such messages can be validated as having been submitted. TWALKIN shall be entitled to immediately terminate the User’s services if the User does not comply with the provisions of this clause, without any liability to the User or any third party.
5. MESSAGE AND OTHER LIMITATIONS
TWALKIN assumes no responsibility for the deletion or failure to store information. Although TWALKIN prides itself on speedy delivery of messages, messages may be delivered late due to queuing or network traffic. This will still result in the message being seen as "delivered".
6. CONDUCT
Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local and national laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the User agrees not to:
i. Use the Service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
ii. Harvest or otherwise collect information about others, including email addresses, without their consent;
iii. Create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
iv. Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, libelous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
v. Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
vi. Libel, defame or slander any person, or infringe upon any person’s privacy rights;
vii. Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
viii. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
ix. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
x. Interfere with another User’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services; or
xi. Engage in any other activity that TWALKIN believes could subject it to criminal liability or civil penalty or judgment.
7. YOUR RIGHT TO CANCEL
Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective, the User must carry out such termination in accordance with the policies and procedures established by TWALKIN. TWALKIN shall have no obligation to the User after any termination or cancellation of this Agreement.
8. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
Modification of Terms: TWALKIN frequently updates, modifies, and otherwise continually seeks to improve the TWALKIN Services and products. Such changes often dictate that TWALKIN simultaneously modify TWALKIN’s Terms and Conditions of Use. As such, TWALKIN shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the TWALKIN Service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted, shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.
Termination, Cancellation and/or Suspension by TWALKIN; Disclosure of Information: This Agreement and the license granted here under may be terminated, canceled and/or suspended by TWALKIN at any time if, in TWALKIN’s sole discretion, the User breaches these Terms of Service. Such termination, cancellation and/or suspension by TWALKIN shall be effective immediately upon notification by TWALKIN to the User in any reasonable manner, including but not limited to, notification by e-mail or text. Upon, during, and/or after any such breach, TWALKIN may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. TWALKIN reserves the right to suspend the User’s service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the User’s status as being a TWALKIN client or the content of the messages originating from the User.
In the event that TWALKIN receives complaints from recipients or third parties with respect to the use of the Service, TWALKIN additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.
9. NO WARRANTIES OR LIABILITIES
TWALKIN (INCLUDING ITS OWNERS, EMPLOYEES, SUPPLIERS, INTERNET SERVICE PROVIDERS, PARTNERS, AFFILIATES AND AGENTS) SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY NATURE INCURRED BY WHOMEVER AND RESULTING FROM USE OF THE SERVICE AND THE INTERNET GENERALLY, ACCESS TO THE TWALKIN SOLUTIONS, WEBSITE, ACCESS TO WEBSITES LINKED TO THE TWALKIN WEBSITE, INABILITY TO ACCESS THE TWALKIN WEBSITE; INABILITY TO ACCESS WEBSITES LINKED TO THE TWALKIN WEBSITE, CONTENT AVAILABLE ON THE TWALKIN WEBSITE, SERVICES AVAILABLE FROM THE TWALKIN WEBSITE, PRODUCTS AVAILABLE FROM THE TWALKIN WEBSITE, DOWNLOADS AND USE OF CONTENT FROM THE TWALKIN WEBSITE, AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO TWALKIN’S GROSS NEGLIGENCE AND THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS OWN RISK AND THAT TWALKIN SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. TWALKIN WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO TWALKIN AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS TWALKIN AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
TWALKIN will ensure that the service is reasonably available at all times, and will at all times attempt to maintain connections to as many aggregators, gateways and carriers as are, in its discretion, commercially viable and make all upgrades to the TWALKIN API available to the User in a commercially reasonable and timely manner, the User acknowledges that TWALKIN cannot guarantee the availability of a Carrier’s network. User expressly acknowledges and agrees that use of the Service and the Internet generally is at its own risk and that TWALKIN is provided "as is" and "as available" without any warranties whatsoever, express or implied. TWALKIN will use commercially reasonable efforts to make access to TWALKIN available to the User, through the required access protocols, but makes no warranty or guarantee that the User will be able to access TWALKIN at any particular time or any particular location.
Information, ideas and opinions expressed on the TWALKIN Services should not be regarded as professional advice or the official opinion of TWALKIN, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the TWALKIN website.
TWALKIN does not make any warranties or representations that the TWALKIN Service shall be available at all times. Users acknowledge that the TWALKIN Service may be unavailable due to updates or other causes beyond the reasonable control of TWALKIN, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".
TWALKIN does not make any warranties or representation that content and services available from the TWALKIN Services shall in all cases be true, correct or free from any errors. TWALKIN shall take all reasonable steps to ensure the quality and accuracy of content available from the TWALKIN website.
10. ADDITIONAL LIMITATION
Without limiting the generality of the terms set forth in this Agreement, TWALKIN and its affiliates, agents, content providers, service providers, and licensors:
(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF TWALKIN GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF TWALKIN GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
(ii) SHALL IN NO EVENT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOL E OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO; (THE USER AGREES TO INDEMNIFY TWALKIN PURSUANT TO THE TERMS OF THIS AGREEMENT HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE);
WITHOUT IN ANY WAY LIMITING THE FOREGOING, TWALKIN SHALL IN NO EVENT HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT.
HIGH RISK ACTIVITIES. THE TWALKIN SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF TWALKIN COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, TWALKIN AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. INDEMNIFICATION
The User agrees to indemnify, hold harmless, and defend TWALKIN and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expense s (including, but not limited to, consequential damages, incidental damages, special damages, attorneys’ fees and disbursements) arising from or relating to (i) the use of the Service in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defense of any claim. TWALKIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
12. MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders.
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the state of California.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and the User does not have any authority of any kind to bind TWALKIN in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between TWALKIN and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
13. EXTERNAL LINKS
TWALKIN may provide hyperlinks to websites not controlled by TWALKIN ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites. TWALKIN does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.