Twik Technologies Ltd. ("Twik", "us", "our", or "we") is the creator and owner of a technology that uses adaptive, multivariate testing to allow you to deliver customized content to your users and to analyze data about your users and additional tools ("Service"), available through Twik's website ("Site"). These Terms of Service ("Terms") govern your access and use of the Services. Our Privacy Notice, available at https://legacy.twik.io/privacy ("Privacy Notice") and the DPA (defined below) govern our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means any adult user of the Services.
Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Services.
If you are registering on behalf of any entity or company ("Company"), you represent that you are authorized to enter into, and bind the Company to these Terms and register for the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Services is revoked where these Terms or use of the Services is prohibited.
When we process information of your end users (each an "End User") on your behalf for the purpose of these Terms and the provision of the Services, you will at all times be considered the data Controller (as defined in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR")) and we shall act solely as a data Processor (as defined in the GDPR) on your behalf, all in accordance with the Data Processing Agreement ("DPA"), available at legacy.twik.io/dpa. You are responsible for compliance with your obligations as data Controller under applicable law including any applicable data protection laws and the GDPR.
Twik allows you to access and use the Services subject to these Terms. Twik may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice.
Use of and access to the Services is void where prohibited by law. By using the Services, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have the ability to form a binding contract; and (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party.
You further represent and warrant that (a) you have and shall maintain throughout the term of these Terms and the DPA all necessary rights and consents required under applicable law in order to provide Personal Data to Twik and allow it to provide its Services as a Processor, including with respect to the use of the Personalization Feature (defined below); (b) you shall ensure that a record of such consents is maintained, as required under applicable law; and (c) you shall provide End Users with a privacy notice in accordance with applicable law, informing them of the collection, processing and transfer of their Personal Data by and to Twik and their ability to opt-out of such processing at the following link: legacy.twik.io/privacy/opt-out; and (d) you shall not provide Twik with any Special Categories of Data (as defined in the GDPR) and/or any data or information subject to special regulatory or statutory protection regimes (including but not limited to data regarding children, financial and health data).
In order to use the Services, you will need to have a registered account. You can register by logging in through your Facebook, Gmail or other third party login account as may be permitted by Twik from time to time. By registering through Facebook, Gmail or any other third party login account you represent and warrant that such third party login account is yours and you have full rights to provide us with the information in this account. To complete the registration process, you must provide all (additional) registration information as requested by Twik. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services. A user may be designated as either an "Owner", a "Moderator" or a "User". Depending on the designation of your account, different services may be available to you. Initial registration of an account must be completed by an Owner. Following initial setup of an account, the Owner may add additional users by providing their email addresses and may designate them as either Moderators or Users. Each additional user whose information has been provided by the Owner shall receive an email inviting them register independently. If you are an Owner you represent and warrant that you have the full right and power to provide Twik with any email address of a third party and that you are fully and solely responsible for providing Twik with email addresses only related to your Company.
Twik offers different plans to suit your needs. Upon registration you can indicate your choice of plan. Different plans offer different features and scopes, all as listed on the Site at at https://legacy.twik.io/plans. If you wish to change the plan for which you are registered, such change will be effective as of the subsequent month. Twik may refuse to open an account for any individual or Company in its sole discretion.
You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. Twik will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold Twik harmless for any improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com that your account has been compromised and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.
Based on the package for which you have registered, additional features may be available to you. You may be offered the option to connect the data collected through the Services with other Personal Data that you have collected and/or have directed us to collect regarding individual End Users, by configuring the Services accordingly ("Personalization Feature").
Twik may terminate your account for any reason and at any time, including if you violate any of these Terms. Upon termination of your account, you shall not have any further access to any Content (as defined below) that may be available through your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users or the business interests of Twik, or (v) failure to make payment in accordance with the terms specified herein. If your account is terminated, you may not rejoin Twik again without our express permission.
If we believe, at our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services. You may request termination of your Twik account at any time and for any reason by sending an email to firstname.lastname@example.org. Following such request, Twik shall close your account as soon as reasonably practicable. By terminating your account, your data may be deleted from Twik's servers and it will not be possible to recover this data in the future. Any suspension, cancellation or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension, cancellation or termination.
Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, and any modifications or derivatives of the foregoing.
TWIK DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN THE CONTENT AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (5) use or access another user’s account or password without permission; (6) use the Services or content thereon in any manner not permitted by these Terms.
Twik or its licensors, as the case may be, own the Services and all content available on the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Twik or any third party.
Where applicable, taxes may also be charged. It is your responsibility to determine whether you are required to pay any applicable taxes, and to clarify such information when making a payment. Twik does not accept any responsibility for the calculation or collection of any applicable taxes. Except as expressly provided in these Terms, fees are non-refundable.
Please note that Twik may impose or deduct foreign currency processing costs on or from any payments or payouts by Twik in currencies other than U.S. dollars. When converting currency, prices may be rounded up to the nearest whole number.
Your use of the Services is at your sole discretion and risk. The Services, content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, CONTENT THEREOF, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES.
No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You acknowledge and agree that Twik is not a data retention service. You therefore must create backups of your data, and Twik shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.
In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services or any Customer Site due to changes made by us or you, including any corruption of content or layout on Customer Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from use of the Services. Twik shall not be liable for short lifespan fingerprints. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Twik, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS TO TWIK FOR THE USE OF THE SERVICES, THEN TWIK SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless Twik and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.+-
These Terms shall be governed by the laws of the State of Israel exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in Tel Aviv-Jaffa shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Twik must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Twik or enables you to act on behalf of Twik. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.
Last updated: December 2018