Terms of Services.
These Terms of Service ("Terms") are designed to govern your use of the various features we provide, including but not limited to our websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and other covered services that direct you to these Terms (together referred to as the "Services"). The Services encompass any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded, or displayed on the platform (collectively referred to as "Content"). By accessing and utilizing our Services, you are indicating your acceptance and agreement to be bound by these Terms.
Who May Use the Services
To utilize the Services, you must consent to entering into a binding contract with TTWrite and must not be prohibited by the laws of your jurisdiction from receiving such services. Additionally, you must be at least 18 years of age to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or any other legal entity, you affirm that you have the necessary authorization and legal capacity to act on behalf of such entity and to bind it to these Terms. In such instances, the terms "you" and "your" as used in these Terms shall apply to and refer to the respective legal entity.
Privacy
Our Privacy Policy governs the manner in which we manage the information you provide to us when using our Services. By utilizing the Services, you acknowledge and agree that you consent to the collection and utilization of this information as outlined in the Privacy Policy, which includes the potential transfer of such information to the United States, Ireland, and/or other countries for storage, processing, and use by TTWrite and its affiliated entities.
Materials on the Services
You are accountable for how you use the Services and for any Content you contribute, ensuring compliance with applicable laws, rules, and regulations. Only share Content that you feel comfortable making public.
Your reliance on any Content or materials posted via the Services or obtained through them is at your own risk. We do not endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services, nor do we endorse any opinions expressed therein. Please be aware that using the Services might expose you to Content that could be offensive, harmful, inaccurate, or otherwise inappropriate, and in some cases, postings may be mislabeled or deceptive. The responsibility for all Content lies solely with its originator. While we may not actively monitor or control the Content posted via the Services, we cannot assume responsibility for such Content.
We reserve the right to remove Content that violates the User Agreement, including instances of copyright or trademark violations, impersonation, unlawful conduct, or harassment. Information about specific policies and the process for reporting or appealing violations can be found in our Help Center.
If you believe your Content has been copied in a way that constitutes copyright infringement, please report it by emailing [email protected].
Your Rights and the Grant of Rights in the Content
You retain all rights to any Content you submit, post, or display on or through the TTwrite Services. Your Content, including any audio, photos, and videos incorporated within it, remains yours, and you maintain ownership.
By submitting, posting, or displaying Content on or through the TTwrite Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, reproduce, copy, process, adapt, modify, publish, transmit, display, and distribute such Content through any media or distribution methods, whether known or developed in the future. This license empowers us to share your Content with the global community and allows others to do the same. You agree that this license includes TTwrite's right to provide, promote, and improve the Services and to make your Content available to other companies, organizations, or individuals for syndication, broadcast, distribution, promotion, or publication on other media and services, subject to our terms and conditions for such Content use. Any additional uses by TTwrite, other companies, organizations, or individuals will not entail compensation to you regarding the Content you submit, post, transmit, or make available through the Services.
TTwrite maintains an evolving set of rules to govern how ecosystem partners can interact with your Content on the Services. These rules are designed to foster an open ecosystem while respecting your rights. You understand that we may modify or adapt your Content for distribution, syndication, publication, or broadcast by TTwrite and our partners, including making changes necessary to tailor the Content for different media.
By submitting Content, you represent and warrant that you possess, or have obtained, all the rights, licenses, consents, permissions, power, and authority required to grant the rights specified herein for any Content you submit, post, or display on or through the TTwrite Services. You further agree that your Content will not infringe upon copyright or any other proprietary rights, unless you possess the necessary permissions or are otherwise legally entitled to post the material and grant TTwrite the license described above.
Utilizing TTwrite Services
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time.
We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you. In consideration for TTWrite granting you access to and use of the Services, you agree that TTWrite and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services:
(i) access, tamper with, or use non-public areas of the Services, TTWrite’s computer systems, or the technical delivery systems of TTWrite’s providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TTWrite (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with TTWrite (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of TTWrite is expressly prohibited);
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
(v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
(v) protect the rights, property or safety of TTWrite, its users and the public.
TTWrite does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
If you use developer features of the Services, including but not limited to TTWrite for Websites, Public API, or Sign in with TTWrite, you agree to our Developer Agreement and Developer Policy.
If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the TTWrite Services, these Terms, or the terms provided.
If you use advertising features of the Services, you must agree to our TTWrite Master Services Agreement.
Account
To use TTWrite's Services, you might be required to create an account. It is your responsibility to protect your account by using a strong password and limiting its usage to this specific account. TTWrite cannot be held liable for any loss or damage resulting from failure to comply with the above security measures.
While you have control over most communications from the Services, certain essential communications, such as service announcements and administrative messages, may be necessary for us to provide. These communications are integral to the Services and your account, and you may not be able to opt-out from receiving them. If you have added your phone number to your TTWrite account and later change or deactivate that number, make sure to update your account information to prevent communication with anyone who acquires your old number.
License to Use the Services
TTWrite grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. This license is solely intended to enable you to use and enjoy the benefits of the Services as provided by TTWrite, in accordance with these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms grants you the right to use the TTWrite name or any of its trademarks, logos, domain names, or other distinctive brand features. All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of TTWrite and its licensors. Any feedback, comments, or suggestions you voluntarily provide regarding TTWrite or the Services will be used by us as we see fit, without any obligation to you.
Ending These Terms
You may end your legal agreement with TTWrite at any time by deactivating your accounts and discontinuing your use of the Services
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:
(i) you have violated these Terms,
(ii) you create risk or possible legal exposure for us;
(iii) your account should be removed due to prolonged inactivity; or
(iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI.
Disclaimers and Limitations of Liability
The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis by TTWrite. The "TTWrite Entities" refers to TTWrite, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TTWRITE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The TTWrite Entities make no warranty or representation and disclaim all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security, or reliability of 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 Services or any Content;
(iii) the deletion of, or the failure to store or transmit, any Content and other communications maintained by the Services; and
(iv) whether 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 the TTWrite Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TTWRITE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TTWRITE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TTWRITE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE TTWRITE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
General
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be on the website, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and TTWrite. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. TTWrite's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
