Terms & Conditions - TWISPER, Social Travel App

TWISPER terms of use and end-user license agreement

The following TWISPER Terms of Use and End User License Agreement is an agreement between you and TWISPER INTERNATIONAL SA – “TWISPER” (the “Agreement”), and shall govern your use of TWISPER’s services and tools including the TWISPER client software for mobile or other platforms as may be made available by TWISPER INTERNATIONAL SA, the TWISPER website, products, the tools and any other TWISPER application, service, software, component, functionality, program provided by TWISPER.COM (collectively, the “TWISPER Services”).

Your use of TWISPER Services is governed by TWISPER INTERNATIONAL SA TERMS OF SERVICE placed on the Internet at https://www.TWISPER.com (hereinafter the “General Terms”), by this Agreement, as well as Privacy Policy placed on the Internet at TWISPER.COM portal (hereinafter the “Privacy Policy”). In case of contradiction between any provision of this Agreement and any provision in any of the General Terms, the provision of this Agreement shall prevail. By using the TWISPER Services, you expressly agree with General Terms, this Agreement and Privacy Policy.

Any reference made in this Agreement to “TWISPER” shall be deemed to have been made to TWISPER International S.A., its subsidiaries, successors, assignees, and affiliates, as well as any company that controls TWISPER International S.A., directly or indirectly, and any other subsidiary of that controlling company.

By registering at the TWISPER Services, the User confirms that his age is sufficient for such registration under the applicable laws and/or he has all necessary consents (e.g. parental consents) in full compliance with the applicable laws, including for purposes of data protection laws, otherwise the registration at the TWISPER Services and its using is prohibited.

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

TWISPER license grants you a revocable, non-exclusive, non-transferable, limited access to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

By clicking the “I Agree” button you accept to provide the necessary information requested by the TWISPER application pertaining to your personal information such as your first name, name and alias and any other future information that might be necessary to allow you to properly use the TWISPER application.

Restrictions: You agree not to, and you will not permit others third party or commercial company (including yours) to: a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit or use the TWISPER application on their behalf.

Limited License

TWISPER is operating under Google License. Terms and conditions of using the Google Maps license are available at https://cloud.google.com/maps-platform/terms/.

TWISPER hereby provides you with a non-exclusive, non-transferable, limited license to use the TWISPER client software (including, any mobile applications) provided to you by TWISPER (the “Software”) basis subject to the terms and conditions of this Agreement, Privacy Policy and the General Terms. You are allowed to use the TWISPER Services for personal non-commercial use only.

TWISPER Services

When using the Software on certain mobile devices TWISPER may need to access and collect certain details and data from your mobile device including details of your location (shall include, but not be limited to country, state, city/town/locality, street).

TWISPER collects and stores such information:

• to inform you about your location;

• to send you notifications or content according to your location;

• to show you content (e.g. images) according to your location;

• to inform you about certain points of interest (e.g. restaurants, hotels, etc.);

• to inform you about other user’s comments on certain points of interest;

• to improve TWISPER Services.

Also, please note that TWISPER may offer you functionality in which your log-in credentials are stored on your mobile device so that you can be automatically logged in to TWISPER. If someone else obtains access to your mobile device (e.g., through theft), the automatic log-in feature will enable such person to have access to your TWISPER account. Therefore, in the event your mobile device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device. In no case TWISPER will be liable for your losses caused by any unauthorized use of your account in TWISPER Services.

Also, by syncing your contacts, you will be able to find people you already know on TWISPER. We upload and store your contacts on our server to improve your experience in TWISPER application by suggesting new connections from people you already know.

Updates

The TWISPER Services or any part thereof including, without limitation, any version of the Software installed on your mobile device may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by TWISPER in its sole discretion (“Updates”). You agree to bear the risks of and hold TWISPER harmless for any and all effects that the Updates may have on you and your ability to use the Software and the TWISPER Services, in whole or in part, as a vehicle navigation system or for any appropriate information searching.

Restrictions on Use

You may use the TWISPER Services’ features, offerings and content for lawful purposes only. You may not (1) enter any information for the purpose of impersonating another person, (2) violate the intellectual property rights of any person, (3) enter offensive details, or (4) use TWISPER for any illegal purposes.

Moreover, you agree not to block, disable or otherwise affect any advertising, or other features that constitute an integral part of the Software and TWISPER Services, unless you purchase an additional service to disable advertising. In addition, you may not create any software or incorporate into any software any portion of the TWISPER Services or enable communication between the TWISPER Services and any other service except as specifically permitted by TWISPER.

Proprietary Rights

TWISPER and its licensors owns all intellectual property in the TWISPER Services and the proprietary TWISPER databases, including but not limited to TWISPER components and algorithms, and access to the TWISPER Services’ server complex, except intellectual property granted to TWISPER under OpenStreetMap license.

You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the TWISPER or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material owned by TWISPER without the express permission of TWISPER.

No license is granted to you in this Agreement, either expressly or implicitly, to use any trademarks, service marks, names, or logos of TWISPER.

Privacy Policy

In order for you to feel comfortable in communicating using the TWISPER Services, TWISPER has adopted a privacy policy that governs how TWISPER processes and treats the information it collects from you. By your use of any of the TWISPER Services, you authorize the collection, use, and disclosure of information by TWISPER as provided for under TWISPER’s then-current Privacy Policy and this Agreement.

Monitoring

Unless produced by TWISPER, the information you access or receive by using the TWISPER Services, is provided by the users, is entered or posted by them, and is not controlled, verified or endorsed by TWISPER in any way. TWISPER has the right, but not the obligation, to monitor content made available on or through the TWISPER Services, to determine compliance with this Agreement and any other operating rules that may be established by TWISPER from time to time. With respect to user’s content/information, TWISPER employees do not monitor such content/information but TWISPER may employ certain automatic computer systems and filters to scan such messages for the purpose of limiting the sending of spam or other unsolicited commercial content through the TWISPER systems. Users shall remain solely responsible for their content/information. You acknowledge and agree that TWISPER shall not assume or have any liability for any action or inaction by TWISPER with respect to any conduct within the TWISPER Services.

Additional services

At the wish of the User TWISPER shall provide the User with the paid Additional service such as the refusing to display advertising in the mobile application TWISPER (hereinafter the “Additional service”). Additional service can be ordered in the settings of the mobile application TWISPER. The terms and procedure for purchasing an Additional service are set out in Section 6 of the General Terms. Additional service can be provided for a week, month, year – at the User’s choice. Any and all fees payable for the Additional service are non-refundable.

Other Services

The TWISPER Services may contain features, functionalities and/or third party offerings that may link you or provide you with certain reference, functionality or products of third parties (“Other Services”). These Other Services are provided by TWISPER only as a convenience. The Other Services are not controlled by TWISPER in any way and TWISPER is not responsible for the content of any such Other Services, any link contained therein or for the performance, availability, or quality, of any Other Service. If you choose to install and/or use any such Other Services then your use is subject to such Other Services license agreement, terms of use and privacy policy. TWISPER does not warrant or guarantee that the information sent through the network of Other Services will reach its destination or that the details of the recipient or sender are correct or accurate. In addition, the offering of these features does not imply endorsement of the Other Services by TWISPER. Furthermore, TWISPER does not endorse any service or product that may be offered by any third party advertising through the TWISPER Services. In no event shall TWISPER be liable to anyone for any damage arising from or occasioned by the creation or use of the Other Services or the information or material accessed or delivered through the Other Services.

Disclaimer of Warranties

The TWISPER Services and Software are provided on an “as is, as available” basis. TWISPER makes no and hereby specifically disclaims all warranties, express or implied, including, without limitation, those of merchantability, non-infringement, title, accuracy and fitness for a particular purpose unless such warranties are legally incapable of exclusion. TWISPER does not warrant, guarantee or make any representations regarding the use, availability or reliability of the Software, or the TWISPER Services, unless such warranties are legally incapable of exclusion. The entire risk as to the results and performance of the Software, and the TWISPER Services is assumed by you.

TWISPER does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the TWISPER Services. TWISPER does not warrant or guarantee (1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (2) that the TWISPER Services and the functions or services performed by TWISPER will be uninterrupted or error-free; or (3) that defects in the TWISPER Services will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.

Security and Privacy Limitations

Please note that the TWISPER Services, as with most Internet applications, are vulnerable to various security issues and hence should be considered unsecured. By using the TWISPER Services and the Internet in general, you may be subject to various risks, including among others:

1. Exposure to objectionable material and/or parties, including without limitation, contaminated files.

2. Unauthorized invasion of your privacy during, or as a result of, your use or another’s use of the system.

3. Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, “imposturing”, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer (or any other device) and other forms of activity that may even be considered unlawful.

4. Unauthorized exposure of information and material you listed or sent, on or through the TWISPER system to other users, the general public or any other specific entities for which the information and material was not intended by you.

5. That information, data or messages may not reach their destination or may reach an erroneous address or recipient and may viewed by such recipients.

6. Downloading viruses or other files from other users that may cause damage to your device.

7. Others may be able to view your IP address or location.

You acknowledge that you are aware of the risks and limitations of the TWISPER Services and that while TWISPER may provide you with certain security and privacy features that such features are provided to you as a convenience only and may not operate according to their description or may not operate at all. If you do not wish to be subjected to these risks, you are advised not to use the TWISPER Services. Furthermore, please do not use the TWISPER Services for “Mission Critical” or “Content Sensitive” applications and purposes. For the purpose of this section “Mission Critical” applications and purposes shall mean applications and use that may result in damage; “Content Sensitive” shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.

Charging Policies

Unless expressly stated to you by TWISPER, the TWISPER Services are provided to you free of charge. However, TWISPER may charge fees for some advanced features in the TWISPER Services. If any payments were made for any materials, equipment, products or services that bundle or offer any part of the TWISPER Services, or for accessing the TWISPER Services through any platform or network (including any telephone or communication charges), you acknowledge, that such payments were made for the equipment, products, services or access offered, and not for the actual TWISPER Services.

While TWISPER does not currently charge for use of TWISPER Services on mobile devices, please note that when using TWISPER Services on mobile devices you may be charged by your cellular operator for data or access to the Internet. Therefore, please check with your cellular provider of any charges that will apply when using the TWISPER Services through your mobile device.

There may be extra charges to use or access certain premium or subscription content, products or services (“Premium Services”) on or through the TWISPER Services. The Premium Services may be subject to additional terms and conditions, which will supplement this Agreement. You will need to agree to such additional terms and conditions in order to access any Premium Services.

Communications from TWISPER

TWISPER may send (i) notices about your use of the TWISPER Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information, to your TWISPER account or to a mobile phone number provided by you on or through any of the TWISPER Services.

Termination

TWISPER may at any time terminate your access to the TWISPER Services, cancel, change, introduce different options and features to different users or refrain from publishing any other details of the users on the various TWISPER directories and listings for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement or the TWISPER Terms of Service. TWISPER has no obligation to provide you a warning prior to termination of your use of the TWISPER Services.

Support

You understand that your use of the TWISPER Services is at your own risk and that TWISPER is not obliged to provide you with any assistance. TWISPER is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or any TWISPER Service.

Changes to Agreement

TWISPER may change, from time to time, the terms of this Agreement with or without prior notice to you, and it’s your responsibility to review this Agreement for any changes. By continuing to use the TWISPER Services, you signify your consent to the new or revised Agreement. If you do not agree to the revised Agreement you shall discontinue the use of the TWISPER Services. Subject to the foregoing, you further agree to be bound by the provisions of the Agreement available on the TWISPER portal, if such license is marked with a more recent date than that on the license agreement that accompanies your Software.

Electronic Notices

By using any of the TWISPER Services, you consent to receive legally required communications, including notices, agreements, disclosures or other information in connection with any of the TWISPER Services electronically from TWISPER (collectively, “Notices”). You agree that TWISPER generally can send you electronic Notices by (i) by SMS (text message) to your mobile device (ii) “System” notice, or any other form of notice, on any of the TWISPER Services and/or by (iii) posting the Notices on a main or other page of TWISPER portal. You agree that certain supplemental or enhanced services made available to TWISPER users may also have their own Notice procedures.

The delivery of any Notice from TWISPER is effective when sent by TWISPER, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the TWISPER Services.

Transfer of Rights

TWISPER may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.

On all issues related to this Agreement, please use the e-mail address support@twisper.com.