These terms and conditions ("Terms") form a contract between you and JUSTAPP OU, so be sure to read it before excepting. Be aware that unwillingness or inability to read the Terms do not free you from following it in case you are legally capable and 18 y.o. or older. Terms govern your access and use of Twigse Services: Twigse website, Twigse platform, APIs, mobile application (an “App”), and any other services provided by Twigse, as well as all written or electronic materials including software, data, text, audio, video, images, photos, graphics, or other content (“Content”).
By accepting these Terms electronically (for example, clicking “I Agree”), accessing or using the Services, purchasing Services, registering for an account with Twigse or performing any other activity that references these Terms, you are accepting and agreeing to these Terms corresponding policies and guidelines. In case you do not agree to these Terms in general or any particular clause please immediately stop using Twigse and refrain from doing so until you are in full accordance with the Terms.
We may amend these Terms as we see fit and shall notify you by posting the revised terms on our website. It is your responsibility to check for Terms updates and to reconfirm your agreement to follow it if specifically required upon you accesses to any of Twigse Services. Your continued use of any of the Services will indicate your acceptance of the amendment.
The Service does not send or receive money. As a bitcoin wallet, the Service enables you to interface with the bitcoin network to view and transmit information about a public cryptographic key commonly referred to as a bitcoin address sometimes referred to herein as a “bitcoin account”. To transmit information about a bitcoin account to the bitcoin network, the private key(s) corresponding with the bitcoin account is required. Once the bitcoin network recognizes the information you send from the Service and validates it, the information is broadcasted to other individuals and companies in the bitcoin network and the Service cannot be used by you to cancel or reverse bitcoin-to-bitcoin transactions. The same is true for other cryptocurrency and digital assets for which we provide wallets either by ourselves or via partnership institutions.
Twigse does not own or control the underlying software protocols which govern the operation of Digital Currencies. Digital Asset protocols are subject to changes in protocol rules (referred to as “forks”), and such forks may materially affect the value, function, or name of the Digital Asset. You acknowledge and agree (i) that Twigse is not responsible for operation of the underlying Digital Asset protocols and that Twigse makes no guarantee of their functionality, security, or availability; and (ii) if a fork occurs, Twigse may temporarily suspend the Services relating to the Digital Asset affected, and may decide not to support the forked protocol entirely or may configure its Services to enable you to transfer the affected Digital Asset.
Twigse controls only one of the three private keys for a Digital Asset wallet provided by the Service. You are solely responsible for maintaining the security of the other two private keys. If you appoint a third party to control one or more of your private key(s), whether or not such appointment is made through the Service (e.g., through a key recovery service), Twigse is not responsible for the actions or omissions of such third party. Control of these keys will allow such third party to transfer all of your Digital Assets from your wallets and you may never regain those Digital Assets even when addressing to law enforcement agencies.
Your wallets and your Digital Assets are solely your responsibility. Twigse cannot cause transactions transferring Digital Assets from your wallets except in conjunction with a request or instruction through the Service by you or someone holding your private keys.
You are solely responsible for maintaining adequate level of security and control of any and all log in IDs, passwords, private keys, personal identification numbers (PINs), and any other codes that you use to access the Service now and may be required to use in the future. You will be solely responsible for the private keys that we provide to you or that you generate for our wallets, and maintaining secure back-ups. You will prevent unauthorized access to or use of the Services using your account credentials or private keys, and notify us promptly of any such unauthorized access or use. You must keep your account ID, passwords and any other account credentials confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You will notify us at support@twigse.com of any security breach of your account, system or network as soon as possible. You will cooperate with us in the investigation of any suspected unauthorized access to or use of the Services using your account credentials or private keys, and any security breach of your account, system, or network, and provide us with the results of any third-party forensic investigation that you undertake. You will be responsible, and Twigse will have no liability, for all activity that takes place with your Twigse Service account(s) accessed using your account(s) credentials, whether or not authorized by you.
You must be at least 18 years old or of higher age if required by applicable law of your place of residence to register a Twigse Service account. You will provide Twigse and its affiliates with accurate, current, and complete information about yourself as prompted by the registration process and keep such information updated. You authorize Twigse to make inquiries it considers necessary to validate your identity and you agree that Twigse may use third party service providers for that purpose.
The Services may contain at the moment or in the future features designed to interoperate with a third party service, program, website or Content that is provided, owned or licensed by you or a third party. To use such features, you must procure Outside Applications from the providers of such and may be required to grant us access to your account on the Outside Applications. If you enable an Outside Application for use with the Services, you explicitly grant us permission to allow the provider of that Outside Application to access your information and End User Data as required for the interoperation of that Outside Application with the Services. We are not responsible for any disclosure, modification or deletion of Content or End User Data resulting from access by a Outside Application. If the provider of a Outside Application ceases to make the Outside Application available for interoperation with the corresponding Services features on reasonable terms, we may cease providing those Services features without entitling you to any refund, credit, or other compensation.
During your use of the Services, you may be made aware of or offered services, Content, features, products, Outside Applications, offers and promotions provided by third parties. We may make it available to you. However, our inclusion or promotion of Third Party Services does not reflect a sponsorship, endorsement, approval, investigation, verification, certification or monitoring of such Third Party Services by Twigse. Your acquisition of such Services, and any exchange of data between you and any outside provider, is exclusively between you and such provider. Twigse does not warrant any and all Third Party Services in any way. Under no circumstances will we have any liability for any and all Third Party Services. Be aware that you use Third Party Services at your own risk, and under terms and conditions between you and the provider of Third Party Services in question. Twigse will not answer to any claims originating from any and all losses or other harm you may experience by complying to Third Party Services and following their corresponding terms and conditions.
You are personally responsible for paying all Taxes associated with your purchases hereunder under the governing laws of you place of residence. If we have the legal obligation to pay or collect Taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for Taxes assessable against us based on our income, property and employees. If applicable law requires you to withhold Twigse Taxes from your payment(s) to Twigse, you will provide reasonable assistance to us by: (i) promptly providing valid tax receipts and other required documentation evidencing your payment of such taxes; and (ii) assisting us in filing required documents to reduce such taxes.
You acknowledge that using Digital Assets, their networks and protocols, involves serious risks. It is your solely duty to learn about all the risks involved with Digital Assets, their protocols and networks. There are many and even if we alert you to some of the risks involved with Digital Assets, their protocols and networks, under no conditions will Twigse have any responsibility to alert you to any and all of these possible risks and will not be hold liable for any loss or harm you may suffer due to such risks no matter whether you were forewarned by Twigse or not.
Review our privacy policy located at https://twigse.com/privacy ("Privacy Policy") to make sure of our willingness to safeguard your private data. You agree to all clauses of our Privacy Policy or should stop using our Services immediately.
We may send you emails regarding the Service. We may also send you emails with promotional information and materials regarding Twigse's products and services that you may unsubscribe from by following instructions provided in the email.
We reserve the right to temporarily suspend or permanently terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind.
You will not, nor encourage or assist any third party to, (a) use any unauthorized means to gain access to the Service or use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Twigse) to access or use the Service, or distribute instructions, software or tools for that purpose; (b) modify, alter, tamper with, repair or otherwise create derivative works of the Service; (c) interfere with or disrupt servers or networks used by Twigse to provide the Service; (d) damage, disable, overburden, or impair the Service (or any network connected to the Service); (e) use the account of another user at any time except by a mechanism provided by Twigse and authorized by such user; (f) use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any user guides and policies available via the Service; (g) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (h) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (i) advertise or promote a commercial product unless your account is subject to a separate contract governing that relationship and your compensation to Twigse. Twigse may determine, in its sole discretion, whether and what action to take in response to a claimed violation of these Terms, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint.
Twigse may, in its sole discretion, make unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may discontinue the Service altogether. Depending on your device settings, we may automatically check your version of App, and automatically download new versions of it to your device.
Twigse grants you a personal, non-transferable, non-exclusive license to use the Service as provided to you by us. This license is conditioned upon and restricted by these Terms. Further, this license is for personal and non-commercial use. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service, or any part thereof, except (and solely) to the extent permitted by applicable law. You may not assign (or grant a sub-license of) your rights to use the Service, grant an interest in or over your rights to use the Service, or otherwise transfer any part of your rights under these Terms. If Twigse provided you access to any of the Service (for example, a mobile app) in return for a fee, this license is conditioned on your payment of the fees due. These Terms do not grant to you any license or permission to copy, distribute, modify or otherwise use any application programming interface, notwithstanding any provision to the contrary. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you under these Terms are reserved by Twigse.
Twigse grants you no license or consent to use or display or use in any manner our trademarks, service marks, logos or slogans. In the event that you provide comments, suggestions and recommendations to us with respect to the Services (including modifications, enhancements, improvements or suggested changes to the Services, or any feature or function of the Services) ("Feedback"), you hereby grant us and our affiliates a universe-wide, royalty free, irrevocable, perpetual license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, publicly perform and otherwise exploit such Feedback without restriction, including in connection with the Services and any updates, extensions or successive versions of the Services.
You are solely responsible for the Content that you provide or make available via the Service (“User Content”), or that other users provide or make available. Twigse will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any User Content. If your access to the Service is suspended or terminated, you will not have access to the User Content.
If you enable the features that allow you to share User Content with others, anyone you've shared User Content with (including the general public, in certain circumstances) may have access to your User Content.
You hereby grant Twigse and its contractors the right to use, modify, adapt, reproduce, distribute, transmit, display and disclose User Content as reasonably necessary to provide the Service or as otherwise permitted by these Terms. You represent and warrant that: (a) you have all the rights in the User Content that you provide necessary for you to use the Service and to grant the rights in these Terms; and (b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission of such User Content doesn't violate any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the User Content; (b) ensure that the User Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the User Content.
You will not store or transmit inappropriate User Content, including any User Content: (a) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (b) containing any material that encourages conduct that could constitute a criminal offense, or (c) that violates the intellectual property rights or rights to the publicity or privacy of others; (d) containing or that uses software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (f) that harms, threatens, or harasses another person, organization, or Twigse.
You understand and consent to the storage and processing of User Content and any other personal information in the United States. Twigse reserves the right to store and process personal information outside of the United States.
PLEASE BE AWARE THAT YOU ACCESS TO AND USE SITE, APP AND ALL THE SERVICES AT YOUR SOLE RISK. TWIGSE PROVIDES THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITH NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. TWIGSE MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SITE, THE APP AND ALL THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE THE SITE, THE APP AND ALL THE SERVICES OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY SITE, APP AND ALL THE SERVICES; AND (IV) WHETHER SITE, APP AND ALL THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TWIGSE, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR LICENSORS OR THROUGH SITE, APP AND ALL THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION.
You agree to indemnify and hold Twigse and its subsidiaries, affiliates, officers, agents, employees, partners, suppliers, and licensors harmless from any claim, action, investigation or demand, including reasonable attorneys' fees, arising out of or relating to: (a) User Content; (b) use of the Site, the App or any of Services by you or under your account; or (c) your violation of these Terms or of any third party rights. Twigse will use commercially reasonable efforts to notify you of any such claim, action, investigation or demand that is subject to your indemnification obligation.
IN NO EVENT WILL TWIGSE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, LOSS OF DIGITAL ASSETS, OR USER CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ANY OF THE FOREGOING PARTIES HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF TWIGSE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUPPLIERS, AND LICENSORS LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO TWIGSE FOR THE SERVICE IN THE SIX MONTHS BEFORE YOUR CLAIM AROSE. THE FOREGOING LIMITATION APPLIES UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE.
THESE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
YOU AND TWIGSE AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY OF THE SERVICES (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS TO ARBITRATE) SHALL BE DETERMINED BY BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION. The language to be used in the arbitral proceedings will be English. You agree that you and Twigse are each waiving the right to a trial by jury and to participate in a class action. This arbitration provision shall survive any termination of other terms.
The arbitrator shall not have the power to award damages that are limited or waived by these Terms (such as punitive damages, treble damages, or any other damages which are not compensatory), to the extent such limitation or waiver is permitted under applicable law, and the parties waive any right to recover any such damages. Further, the arbitrator shall have no power to issue any award that is contrary to or inconsistent with any applicable statute, case law or constitutional law, to modify, change or excuse performance of any material term of these Terms, or to award equitable relief. The arbitration proceedings and decision of the arbitrator shall be kept confidential (and may not be disclosed) by the parties or the arbitrator, except to the extent necessary to compel any award made by the arbitrator.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, or if you reside outside the U.S.A., pursuant to JAMS International Arbitration Rules (in each case, the “Rules”).
The arbitration hearings will take place in a court of Twigse’s choice in the state of Delaware.
YOU AND TWIGSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Twigse agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
Not withstanding any other provision in this Section 8 to the contrary, either party will at all times be entitled to seek and obtain injunctive relief from infringement or threatened infringement of its intellectual property rights, or misappropriation of its trade secrets, in any court having jurisdiction. Each party agrees that notice of arbitration may be serviced by written notice as provided by Section 10.1.
These Terms shall be governed by, subject to, and interpreted in accordance with the laws of the state of Delaware, and the federal laws of the U.S.A., each without regard to conflict of laws principles. The parties agree that these Terms and the transactions contemplated therein shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If arbitration cannot be compelled under Section 8, then the parties (a) hereby irrevocably consent to the jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the state of Delaware for the purposes of adjudicating any action or proceeding to enforce these Terms, and (b) each party waives, to the fullest extent permitted by law, any objection that it may now or later have to such venue and any claim that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Twigse’s Copyright Agent: copyright@twigse.com
Except as otherwise specified in these Terms, all notices hereunder shall be in writing and shall be effectively given upon: (i) personal delivery, (ii) delivery of certified or registered mail, or by courier service, (iii) the first business day after sending by email. Notices shall be deemed to have been given, delivered and received upon receipt or attempted delivery (if receipt is refused), as the case may be, and the date of delivery identified by the applicable postal service on any return receipt card or confirmation by courier service, even if such delivery was refused. Notices to you will be addressed using the contact information you provided to us in connection with your account. Notices to us will be address to us at our contact information below. Either party may update their contact information for notice purposes by giving the other party appropriate notice under this Section 10.1.
Our address for notices: Headquarters 1120 N Street Sacramento 916-654-5266 (example)
These Terms, including the Privacy Policy and other terms, policies and guidelines incorporated by reference, constitute the entire agreement between you and Twigse and govern your use of the Site, the App and each and all Services. The following Sections will survive any termination of these Terms: 1.2, 1.4, 1.5, 1.7, 1.8, 1.9, 1.10, 2.1, 2.2, 2.4, 2.7, and 3-11. Termination of these Terms shall not be construed to waive or release any claim that a party was entitled to assert at the time of such termination.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of a breach of these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. This limitation will not apply to misappropriation or infringement of intellectual property rights.
Twigse and you are not legal partners or agents of any sort of each other; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors. You may not assign or delegate these Terms, your obligations, rights or responsibilities. Any attempt by you to do so is void. Twigse may assign or delegate these Terms, its obligations, rights and responsibilities, in whole or in part, at any time with or without notice to you.
If you are a U.S. government entity, you acknowledge that any software and documentation that are provided are “Commercial Items” as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. If the court or arbitrator cannot do so, then the parties agree that the court or arbitrator should strike the invalid or unenforceable provisions, and that the remaining provisions be given their full force and effect.
If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising to Twigse that you have the legal authority to bind that organization to these Terms. Nevertheless, each individual that uses the Service or accepts these Terms on behalf of an organization agrees that the permissions given to Twigse under these Terms, and the restrictions and limitations to the rights of persons and entities using the Service, apply to each such individual. You may use the Service only in compliance with these Terms and only if you have the legal power to form a contract with Twigse and are not barred under any applicable laws from doing so.